Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-02-12
A Veto.
(ContfRaed from First Page.)

While annually paying out such vast
sum for pensions already granted, it is
! now proposed by the bill under consider
alton to award q service pension to the
soldiers of all the wars in which the
United States has been engaged, includ-
ing, OF course, the war of the rebellion,
and to pay those entitled to the belef 5
the act the sum of Sl2 per month. So
far as 1t relates to the soldiers of the late
civil war, tie bounty it affords them is
given thirteen years earlier than it has
been furnished to the soldiers OF any
other war, and before g large majority of
its beneticiaries have advanced in age be-
yond the strength and vigor of the prime
of life. 1t exacts only military or naval
service of three months, without any re-
quirement of actual engagement with the
enemy in battle, and without being sub
ject to any of the actual dangers of war.
The pension it awards is allowed to en-
listed men who have not suffered
the least injury, disability, loss
or damage OF any kind incurred or in
any degree referable to their military
service, including those who never reach
ed the front at all and those discharged
from their rendezvous st the close of the
war if discharged three months after
enlistment Under the last call of the
President for troops in December, 1861,
II, 1903 men were furnished who were
thus discharged. The section allowing
this pension does, however, require be-
sides service OF three months and an
honorable discharge, that those seeking
the benefit of the act shall be such as are
now or may hereafter be suffering from
mental or physical disability not
the result of their own vicious
habits or gross carelessness which inca
pacitates them from performance of labor
IN such degree as to render them una
bic to earn support, and who are depend
ent upon their daily labor for support"
1t provides further that such persons
shall, upon making proof of the fact, ''he
placed on the list OF invalid pensioners
Of the United States, and be entitled to
receive for such injuries as subsistence
by daily labor. Sl2 per month, and such
pension snail commence from the date of
the filing of the application in the pension
office, on proof that the disability then eX-
listed and continued during the experience
Of the same degree herein provided. Pro-
Vlded that persons who are now receiving
pensions under existing laws, whose
claims are pending in the pension office,
may by application TO the Commissioner
of Pensions in such form as he may pre-
scribe, receive the benefit of this act"
Ii is manifestly Of the utmost import
ance that the statutes which like the pen
sion laws, should be literally admins
tered as measure of benevolence in be
half of worthy benefciaries, should adj
nit OF no uncertainty as to their general
objects and consequences. Upon q careful
consideration of the language OF the
section of this bill above given
it seems to me to be so uncertain and
liable to such conflicting constructions,
and to be subject TO such unjust and mis-
chlevouS application as to alone furnish
sufficient ground for disappearing the
proposed legislation. Persons seeking to
obtain pensions, provided by this section,
must be now or hereafter:
| |. Suffering from mental or physical
disability.
2. Such disability must cot be the re
suit of their own vicious habits or gross
Carelessness.
3. Such disability must be such as in
capacitates them for performance of labor
in such degree as to render them unable
to earn support.
4. They must be dependent upon their
labor Tor support.
8. Upon proof of these conditions they
shall be placed on the lists of invalid pen
sioners of the United States and be en-
titled to receive for such total inability to
procure subsistence by daily labor Sl2
per month.
1t is not probable that the words last
quoted, "such total inability to procure
their subsistence by daily labor" at all
qualify the conditions prescribed in
the preceding language of the section.
The "total inability" spoken of must be
"such inability, that is the inabil-
ity already described and constituted
by the conditions already detailed in
the previous parts of the section. In this
it becomes important to consider the
meaning and scope of the last-meniion
conditions. The mental and physical in
ability spoken Of has distinct meaning
in the practice of the Pension Bureau and
! includes every impairment of bodily or
mental strength and vigor. For such dis
abilities there are now paid lSl different
rates of pensions, ranging from 5 to 800
per month. This disability must not be
the result of the applicants "yicious
habits or gross carelessness." Practi
cally this provision is not important.
The attempt OF the government to escape
the payment of pension on such plea
would, of course, in q very large
ma ority of instances, and regardless of
the merits of the case prove a failure.
There would be that strange but nearly
universal willingness to help the individ-
ual as between hi L and the public treas
ury, which goes very far to insure d state
of proof in favor of tn claimant. The
disability of the applicants must be such
as to "incspacitate them for the perform
ance of labor in such degree as to rem
der them unable to earn support" 1t
will be observed that there is no limita
ton or definition of incapaciting,
injury or ailment itself. 1t need
only be such degree of disability
from any cause or renders the claimant
unable to earn his support by labor. 1t
seems to me that the support here men
toned as one that cannot be earned is
complete and entire support, with no
! diminution on account of lost physical or
mental condition. II it had been intended
to embrace only those who by disease or
injury were totally unable to labor, it
would have been very easy to express
that idea instead of recognizing, as is
| done q 0daprea,j of Such ina hilitv that is